Daniel C. Mulveny

Counsel

EDUCATION
  • Penn State Dickinson School of Law
    J.D. 1998, member Woolsack Honor Society
  • University of Delaware
    B.S. 1992
ADMISSIONS
  • Pennsylvania
  • Delaware
  • United States Supreme Court
  • USCA, Federal Circuit
  • USDC, District of Delaware
  • USDC, Eastern District of Pennsylvania
  • USDC, District of Colorado
  • USDC, District of Minnesota
  • United States Patent and Trademark Office
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Daniel C. Mulveny, Counsel to the Firm, is a highly-experienced attorney who has represented clients in high-profile cases involving consumer fraud, securities fraud, and intellectual property.

Dan is experienced in handling complex civil litigation and working with international clients. Prior to joining the Firm, Dan was a member of the law firm of Connolly Bove Lodge & Hutz, LLP in their Wilmington, Delaware office.

Experience
Representative Outcomes
  • Launched the first class action brought on behalf of Bank of New York Mellon Corp’s (BNY Mellon) Forex (FX) trading clients.

    On behalf of the Southeastern Pennsylvania Transportation Authority Pension Fund and a class of similarly situated domestic custodial clients of BNY Mellon, we alleged that BNY Mellon secretly assigned a spread to the FX rates at which it transacted FX transactions on behalf of its clients’ who participated in the BNY Mellon’s automated “Standing Instruction” FX service.  BNY Mellon determining this spread by executing its clients’ transactions at one rate and then, typically, at the end of the trading day, assigned a rate to its clients which approximated the worst possible rates of the trading day, pocketing the difference as riskless profit.  This practice was despite BNY Mellon’s contractual promises to its clients that its Standing Instruction service was designed to provide “best execution,”  was “free of charge” and provided the “best rates of the day.” The case asserted claims for breach of contract and breach of fiduciary duty on behalf of BNY Mellon’s custodial clients and sought to recover the unlawful profits that BNY Mellon earned from its unfair and unlawful FX practices.  The case was litigated in collaboration with separate cases brought by state and federal agencies, with Kessler Topaz serving as lead counsel and a member of the executive committee overseeing the private litigation.  After extensive discovery, including more than 100 depositions, over 25 million pages of fact discovery, and the submission of multiple expert reports, Plaintiffs reached a settlement with BNY Mellon of $335 million.  Additionally, the settlement is being administered by Kessler Topaz along with separate recoveries by state and federal agencies which bring the total recovery for BNY Mellon’s custodial customers to $504 million.  The settlement was finally approved on September 24, 2015.  In approving the settlement, Judge Lewis Kaplan praised counsel for a “wonderful job,” recognizing that they were “fought tooth and nail at every step of the road.”  In further recognition of the efforts of counsel, Judge Kaplan noted that “[t]his was an outrageous wrong by the Bank of New York Mellon, and plaintiffs’ counsel deserve a world of credit for taking it on, for running the risk, for financing it and doing a great job.”

Speaking Engagements

Through his affiliation with the American Intellectual Property Law Association (AIPLA) and his prior firm work, Dan has spoken worldwide (U.S., Germany, Belgium, China, Taiwan, Thailand, and Vietnam) regarding U.S. litigation, enforcing intellectual property rights, and recent changes to U.S. patent laws. Some examples are below.

June 2013, AIPLA Chemical Patent Practice Roadshow in Wilmington, DE—Presentation on the U.S. Patent and Trademark Office Post Grant Review Program.

April 2013, AIPLA Far East Delegation to Hanoi, Vietnam and Bangkok, Thailand—Presentations on U.S. Copyright and Patent Laws.

April 2012, AIPLA Far East Delegation to Taipei, Taiwan and Seoul, South Korea—Presentations on Changes to U.S. Patent Laws in the 2011 “America Invents Act” and Strategies for Universities to Commercialize Inventions.

March 2012, Presentations in Xi’an and Beijing, China regarding changes to U.S. Patent Laws in the 2011 “America Invents Act”.

October 2011, Presentations in Darmstadt, Germany and Brussels, Belgium regarding changes to U.S. Patent Laws in the 2011 “America Invents Act”.

Membership

American Bar Association

American Intellectual Property Law Association

Community Involvement

Dan believes that lawyers should help those that cannot help themselves through pro bono work. As part of this, Dan recently tried a pro bono case in Federal Court in the Delaware brought by a former inmate alleging civil rights violations.